Fullerton Lumber Co. v. Tinker
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix County. Hon. E. G. Smith, Judge. Action by the Fullerton Lumber Company against F. D. Tinker and others. Judgment for plaintiff. Defendant FI. B. Williams appeals.
1Opinion of the CourtCorson, J.
This action was instituted by the plaintiff to foreclose a mortgage executed on a lot in the village of Lake Andes by E. D. Tinker and wife to the plaintiff. Findings and judgment being in favor of the plaintiff, the defendant H. B. Williams has appealed.
The defendant Williams answered the complaint, and alleged that he was a purchaser of the property in good faith, for value, without notice, actual or constructive, of the plaintiff’s mortgage, and claimed by reason of these facts that the title of the property in him was superior and paramount to the lien of the plaintiff’s mortgage. It…
2Cases cited1 opinion
- Bernardy v. Colonial & United States Mortgage Co.South Dakota Supreme Court · 1904
3Cited by9 opinions
- Amoco Production Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1980
- McCoy v. DavisNorth Dakota Supreme Court · 1917
- Lunstra v. Century 21 GKR-Lammers RealtorsSouth Dakota Supreme Court · 1989
- DRD Enterprises, LLC v. FlickemaSouth Dakota Supreme Court · 2010
- Drd v. Aventure EstatesSouth Dakota Supreme Court · 2010
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